ANAMIKA PATEL v. MADHYAMIK SHIKSHA PARISHAD, U. P. ALLAHABAD
2002-09-30
S.P.MEHROTRA
body2002
DigiLaw.ai
S. P. MEHROTRA, J. ( 1 ) THIS writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for the following reliefs :" (A) issue a writ, order or direction in the nature of mandamus directing the respondents to declare the result of the petitioners intermediate Examination 2002 (Correspondence Course) conducted by the respondents. (b) issue a writ, order or direction in the nature of mandamus directing the respondents to provide result cards of the Intermediate examination 2002 to the petitioner. (c) Issue any other writ, order or direction which this Honble Court may deem fit and proper in the circumstances of the case. (d) Award costs. " ( 2 ) IT is, inter alia, alleged by the petitioners that all the petitioners having deposited the requisite fee and having fulfilled necessary formalities for appearing in the intermediate Examination, 2002 of the madhyamik Shiksha Parishad, U. P. , the principal of the college known as Government Girls Inter College, Tarapur Tokri, varanasi forwarded the examination forms of the petitioners to the said Board; and that the centre was allotted in Malviya Shiksha inter College, Lanka, Varanasi; and that the petitioners were provided admit cards showing details and roll number of the respective petitioner and all the petitioners were permitted to appear in the Intermediate examination, 2002 conducted by the respondents; and that the result of the petitioners have not been declared by the respondents. ( 3 ) IN the circumstances, the petitioners have filed this writ petition seeking reliefs quoted above. ( 4 ) COUNTER-AFFIDAVIT sworn on 29-8-2002 has been filed on behalf of the respondent nos. 1 and 2.
( 3 ) IN the circumstances, the petitioners have filed this writ petition seeking reliefs quoted above. ( 4 ) COUNTER-AFFIDAVIT sworn on 29-8-2002 has been filed on behalf of the respondent nos. 1 and 2. It is, inter alia, alleged in the said counter affidavit that the petitioners got forwarded their examination forms as private candidates for the Intermediate Examination, 2002 through Government Girls Inter College, Tarapur Tokri, Varanasi; and that as per rule, the petitioners were required to submit their certificates regarding passing of High School Examination, certificates regarding two years correspondence course, and treasury challan regarding deposit of fee by the prescribed date; and that the petitioners submitted only treasury challan and certificates regarding passing of High School Examination, but the petitioners did not submit certificates regarding two years correspondence course; and that in the circumstances action was taken in respect of the petitioners in accordance with Regulation 37 of Chapter 12 and Regulations 1 and 3 of Chapter 14 of the regulations of the Board, and the results, of the petitioners were not declared by the Board; and that the letter dated 28-2-2002 had been sent from the office of the respondents to the Principal, Government Girls Inter College, Tarapur Tokri, Varanasl, Inter alia, Intimating the latter for not Issuing admit cards to the petitioners for appearing in the intermediate examination 2002, and copy of the said letter dated 28-2-2002 had also been sent to the Centre Superintendent, malviya Shiksha Inter College, Lanka, varanasi instructing the latter not to permit the students in question to appear in the examination. ( 5 ) REJOINDER affidavit sworn on 5-9-2002 has been filed on behalf of the petitioners. It is, inter alia, stated in the said rejoinder affidavit that all the petitioners had completed their Class XI examination as regular students from Kashi Balika Intermediate College and the requisite fee was deposited through treasury challan; and that due to dispute of Management, all the students who had completed their XI year course were deprived of their admission in XII class and of appearance as regular students, in the intermediate Examination 2002. As such, they had to fill up their examination forms for Intermediate Examination, 2002 as private candidates through the Government, girls Inter College, Varanasi. It is, inter alia, further stated in the said rejoinder affidavit that admit cards, question papers as well as answer books etc.
As such, they had to fill up their examination forms for Intermediate Examination, 2002 as private candidates through the Government, girls Inter College, Varanasi. It is, inter alia, further stated in the said rejoinder affidavit that admit cards, question papers as well as answer books etc. were issued by the respondents; and that as regards the letter dated 28-2-2002, Principal, Government girls Inter College, Varanasi as well as Principal, Malviya Shiksha Niketan Balika Inter college, Lanka, Varanasi (Examination Centre) both have clearly denied any such letter dated 28-2-2002 having been received by them from the respondents. ( 6 ) I have heard learned counsel for the petitioners and learned standing counsel appearing for the respondents. It is evident from the perusal of the said counter affidavit and rejoinder affidavit that even if the said letter dated 28-2-2002 was sent by the respondents to the Principal, Government girls Inter College. Tarapur Tokri, Varanasi with a copy thereof to the Centre Superintendent, Malviya Shiksha Niketan Balika inter College, Lanka, Varanasi, the said letter dated 28-2-2002 was not received by the principal, Government Girls Inter College, tarapur Tokri, Varanasi, nor was it received by the Centre Superintendent, Malviya shiksha Niketanbalika Inter College, Lanka, varanasi. In the circumstances, it cannot be said that the Principal, Government Girls inter College, Tarapur, Tokri, Varanasi or the centre Superintendent, Malviya Shiksha niketan Balika Inter College, Lanka, varanasi has committed any default in permitting the petitioners to appear in the said examination. ( 7 ) IN fact, narration of the facts above, shows that the respondents have accepted the examination forms submitted by the petitioners and issued admit cards to the petitioners to appear in the said Intermediate Examination, 2002. ( 8 ) LEARNED counsel for the petitioners submits that the facts of the present case are similar to those of Civil Misc. Writ Petition No. 11022 of 2002 which has been decided by the learned Single Judge of this court by order dated 3-9-2002. In the circumstances, it is submitted by the learned counsel for the petitioners that the petitioners are entitled to the same reliefs as were granted by the said Judgment dated 3-9- 2002 in Civil Misc. Writ Petition No. 11022 of 2002. ( 9 ) LEARNED standing counsel appearing for the respondents fairly does not dispute that the facts of the present case are similar to those of Civil Misc.
Writ Petition No. 11022 of 2002. ( 9 ) LEARNED standing counsel appearing for the respondents fairly does not dispute that the facts of the present case are similar to those of Civil Misc. Writ Petition No. 11022 of 2002. Having heard learned counsel for the parties, I am of the opinion that as the facts of the present case are similar to those of the aforesaid Civil Misc. Writ Petition No. 11022 of 2002, this writ petition may also be disposed of in terms of the same directions as were given by this Court in the said judgment dated 3-9-2002 passed in the said Civil misc. Writ Petition No. 11022 of 2002. ( 10 ) IN the said judgment dated 3-9-2002, it was. Inter alia, directed as follows :"so far as the claim of the petitioners in this petition is concerned and in similarly situated other petitions who have been already permitted to appear in the examination, by the respondents themselves, may be on account of paucity of time on their part, examining the individual case as has been submitted by the learned standing counsel, cancellation of their result, at this stage, this Court feels Will not be in the ends of justice. As this Court in the interim order granted has made it clear that non-registered candidates should not be permitted and it is on account of the permission so given by the respondents they have appeared and, therefore, it appears to be just and proper to give a direction to declare the result within a period of two weeks from the date of receipt of certified copy of this order. It is made clear that so far this direction of declaring the result of the students who appeared in their respective examination as private candidates will remain confined only sofar as the session 2002 is concerned and no body shall be entitled to claim any parity on this ground for the next session. In view of the aforesaid discussion, this petition stands allowed/disposed of and the impugned action of the respondents stands quashed". ( 11 ) IN view of the aforesaid discussion, this writ petition is disposed of with the direction that the respondents will declare the result of the petitioners within a period of three weeks from the date of filing of a certified copy of this order before the respondents. Order accordingly. .